Ebay Sale

caprikid1

A quick google and I cannot see anyone who has taken someone to court in this scenario.


Whilst what you are saying is probably all valid apart from being a pain to the buyer I am struggling to see you will be successful.

AdrianC

John1282 wrote: »

If the buyer had insured and taxed the vehicle it could legally be driven.

That is a matter of opinion. Excessively worn suspension and excessive emissions do not suggest roadworthiness.

John1282

caprikid1 wrote: »

A quick google and I cannot see anyone who has taken someone to court in this scenario.


Whilst what you are saying is probably all valid apart from being a pain to the buyer I am struggling to see you will be successful.

I've found two examples, however pinch of salt applied you can't be sure if the posts are completely true. The problem with ebay is they know people get screwed but it would cost them too many users if they disciplined everyone that pulled this stunt.

John1282

AdrianC wrote: »

That is a matter of opinion. Excessively worn suspension and excessive emissions do not suggest roadworthiness.

But again the car could be driven away legally, and the buyer was made fully aware in the advert of the condition of the vehicle so they could have collected the car with a transporter if they wished to. The fact is they purchased the car, in accordance with ebays terms and conditions and also are far as I can tell the The Consumer Contracts Regulations (2013), they then failed to pay for or collect the vehicle which put me in a position where I lost money, money I would not have lost if they had either not purchased the vehicle in the first place, or collected and paid for the vehicle. The fact that they haven't responded to me or ebay tells me that they are hoping this will simply go away.

Quentin

John1282 wrote: »

Insurance companies differ, some state in the small print that an invalid mot will void the insurance, .........

It has long been established ( and discussed many times on this forum) that those insurers that have that in their small print are trying it on.

The FOS have ruled that such a condition is unenforceable.

John1282

Quentin wrote: »

It has long been established ( and discussed many times on this forum) that those insurers that have that in their small print are trying it on.

The FOS have ruled that such a condition is unenforceable.

Interesting point, but I've enough going on at the moment without getting into an argument with my insurance company lol.

AdrianC

John1282 wrote: »

But again the car could be driven away legally

It may well have had all the paperwork - tax, insurance, MOT - at the time of the uncompleted sale. But that does NOT mean it was legal to keep or use on the road. It also needs to be in a roadworthy condition. And everything you've said confirms that it was not, notwithstanding the alleged opinion of a garage.

As such, as well as any offence caused by you using an unroadworthy vehicle on the road (and "using" includes parking), YOU would have been committing an offence by letting somebody else drive it away after the sale. I've already linked to the legislation which explicitly states as much. Section 75, Road Traffic Act 1988. This applies whether you were aware or not (which you clearly were, although you seem in denial) of the failings in condition.

Aylesbury_Duck

John1282 wrote: »

It's become a matter of principle now

Which in my experience, means this thread will turn out to be a cracker.

(with apologies to A Partridge)

John1282

AdrianC wrote: »

It may well have had all the paperwork - tax, insurance, MOT - at the time of the uncompleted sale. But that does NOT mean it was legal to keep or use on the road. It also needs to be in a roadworthy condition. And everything you've said confirms that it was not, notwithstanding the alleged opinion of a garage.

As such, as well as any offence caused by you using an unroadworthy vehicle on the road (and "using" includes parking), YOU would have been committing an offence by letting somebody else drive it away after the sale. I've already linked to the legislation which explicitly states as much. Section 75, Road Traffic Act 1988. This applies whether you were aware or not (which you clearly were, although you seem in denial) of the failings in condition.

I hear what you are saying, but if i advertise a vase on ebay and say it it broken and in pieces, and someone buys it, they can't then complain that it is broken as it was presented as advertised. The car was fully described warts and all, and I put my number on the add inviting people to call me before they placed an offer if they had any questions. When the chap bought the car, as far as I am concerned he bought having read the advert in full and being fully aware of the faults. Legally, if he had insured and taxed it he could have driven it away, or as previously stated he could have booked a transporter. If I had not stated things in the advert, or made claims that were untrue, your argument would be valid but the car was accurately described, the same way many cars similar to this are sold each day.

AdrianC

John1282 wrote: »

I hear what you are saying, but if i advertise a vase on ebay and say it it broken and in pieces, and someone buys it, they can't then complain that it is broken as it was presented as advertised. The car was fully described warts and all, and I put my number on the add inviting people to call me before they placed an offer if they had any questions. When the chap bought the car, as far as I am concerned he bought having read the advert in full and being fully aware of the faults. Legally, if he had insured and taxed it he could have driven it away, or as previously stated he could have booked a transporter. If I had not stated things in the advert, or made claims that were untrue, your argument would be valid but the car was accurately described, the same way many cars similar to this are sold each day.

My point is not about the wording of the advert. My point is about the legality of you selling an unroadworthy car without ensuring it was not driven away. The Road Traffic Act does not apply to broken vases.

You cannot claim compensation for an inability to continue to do something that was unlawful anyway.